QCAT Counter Application: How Counterclaims Work in Minor Civil Disputes

Someone filed a QCAT minor debt claim against you, and you believe they actually owe you money. Maybe you paid for work that was never completed, or they damaged your property during the contract. Can you file a counterclaim in your response?

In minor debt disputes, the answer is no — and this catches a lot of people off guard.

Counterclaims Are Banned in Minor Debt Responses

Under QCAT Rules, a respondent cannot include a counter-application within a Form 7 response to a minor debt claim. This is one of the sharpest procedural differences between QCAT and the Magistrates Court, where counterclaims are routinely filed in the same proceeding.

A Form 7 response does not start a counter-application against the applicant. You need to file a separate application for your own claim.

What to Do Instead

If you believe the applicant owes you money or caused you a loss, you must file a separate application:

• Form 3 (minor debt) if you're owed a fixed, agreed sum — like an unpaid invoice for your own services
• Form 1 (consumer and trader dispute) if you're claiming damages for defective work or breach of contract

File your separate application at the same registry where the original claim was lodged. Then ask QCAT to join the proceedings so it can consider hearing both claims together.

The Exception: Consumer and Trader Disputes

If the original claim is a consumer and trader dispute (filed on Form 1, not Form 3), the rules are different. In consumer disputes, a respondent can file a counter-application using Form 8 within the same proceeding.

This is why the distinction between Form 1 and Form 3 matters at every stage — not just for the applicant, but for the respondent's ability to counterclaim.

Separate Filing Means Separate Fees

Filing a separate application means paying a separate filing fee. The fee depends on the amount you're claiming:

• Up to $1,000 — $96.30
• $1,000.01 to $10,000 — $164.30
• $10,000.01 to $25,000 — $405.60

If you win, you can recover the filing fee as part of your minor debt costs.

Strategic Considerations

Filing a counter-application changes the dynamics of the original claim. If the applicant knows you're pursuing your own claim against them, settlement discussions often become more productive. Both sides now have something at stake.

The key is timing. File your separate application quickly so the tribunal can list both matters together. If your application isn't lodged before the original hearing date, you risk having the claims heard separately.

The QCAT claim guide covers the full counter-application process, including how to request consolidation with the original claim.

See more Queensland guides →